Fighting a Foreclosure in Alberta

There are many different ways you can stand on your rights when it comes to foreclosures. Recently a case that was already through to foreclosure but had not been seized by the bank was challenged via a counter-claim action in Alberta’s Queens Bench. A judge known for his corruption arbitrarily dismissed the counter-claim siding with the TD Bank – as typical in these kinds of cases.

Why is this? The bank and the courts are both under memorandums of understanding to be securities intermediaries for Canada and other distribution and trading houses for all forms of debt instruments like mortgages, warrants, tax instruments etc… If you are unaware of this, look at the SEC prospectus on Edgars for further details.

It was brought to the attention of the court that the bank did not provide the funding citing the Library of Parliament document that states that and other documentation to prove the mortgagor was the funder of the mortgage. The TD Bank even had admitted to selling the mortgage.

The bank was directed to settle the mortgage instrument as the securities administrator as they had taken conduct of the entire estate, including all equitable redemption from the couple facing the foreclosure, which makes them the trustee. Something I had not seen in court paperwork before, so read the fine print of court claim documents!

After attempting to file a counter-claim which a corrupt judge in Alberta Queen’s bench quashed by siding with the bank (of course), the bank initiated civil forfeiture proceedings.

This past weekend, the locksmith, sheriff and RCMP showed up to exercise, a fraudulent order and fraudulent civil forfeiture procedure. Keep in mind, the owners were new to the process and had to catch up quickly to file documents and learn how to preserve their rights AFTER THE FACT. It’s much harder to defend your castle, if almost impossible, after the orders have been placed through the courts, especially if you have not completed your paperwork or standing.

The couple had witnesses on the phone listening in to the conversation. The locksmith picked the lock and entered the premises without consent. The homeowners placed 3 separate notices at the driveway entrance, midway up the driveway and on every exterior door. Once entry was breached, the parties entering without consent agreed to the trespass charge and fine for trespassing.

The sheriff and RCMP insisted that the homeowners leave and that they had a valid order to execute. For 20 minutes the witnesses and homeowners fought and stood their ground about the order being fraudulent, that the officers and agents were parties after the fact, that the order was challenged and is still being contested in the courts. The couple and witnesses had to get quite aggressive yelling to get them to leave and that they were personally liable for taking action on an order that wasn’t even signed with a wet ink signature. The agents said they were doing their job, but it was explained to them that they are personally liable for the execution of the orders, not their bosses.

The agents didn’t quite understand what was going on and it was clear they didn’t even know their own criminal code. So get in the habit of questioning everything and stand your ground with these agents! A criminal complaint was filed against the agents who refused to identify themselves, which makes it even worse when they’ve entered a private property without consent.

The agents were made aware that title transfer was fraudulent as the title did not belong to the bank to transfer, nor did the court have authorization to transfer title. It was a defective title ab nitio. It took some doing but the agents finally left the property and the RCMP now are investigating the court and the bank. Round 2 won.

Knowing who you are, not giving in, challenging jurisdiction, being strong in your conviction and knowledge will make a huge difference in defending yourself against fraud, incompetent agents, or uninformed agents being directed by bosses who are in fact, putting their agents in harms way as accessories after the fact.

Also pay attention to the language in court documents. The claimant is not entitled to make a claim over your entire estate or equitable redemption. If they attempt to, then they become trustees required to provide for all of your necessities of life. They enter your estate and administrate, they take liability for it’s management and care. See what you can do when you understand what’s possible? Think out of the box. Stand strong, stay focused and know who you are.

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  1. i’m in the same boat as above but worse, Bank of Montreal took possession [2018] by Sheriff’s and RCMP as of today [May 2021] my name is still on title until they sell my 160 acre Ranch.

    1. Can you both post copy and post this in the forum so that is it not in the public side of the website and we can discuss options there. I will also explain why this has happened. A reckoning is coming to all of them. They just don’t know it. My friend died twice and the first time he had to experience all of the pain he caused everyone in his life. He had to reconcile with creator. So no fear, that everything they do comes back to them 10 fold. Let God take care of thine enemies….. K. 🙂

  2. – I’m 70 years old, female, partly deaf, self representing litigant, now essentially homeless, making it all the way recently through to the complicated court of appeal and recently appeal re-hearing (without success).

    – My 160 acre Ranch and Live stock was stolen by the Bank of Montreal and 12 machine gun toting armed RCMP on October 24th, 2018, on false claims of mortgage default and stemming from 2016 an alleged speeding ticket (no warrant for arrest or search & seizure of personal property).

    – I was arrested on weapons charges (3 long guns) and put in prison 1 1/2 months, my Life Mate Kenneth-Dwayne, was in prison for 3 1/2 months while Sheriffs and many RCMP armed with MACHINE GUNS pointed at me, (no search and seizure warrant) RCMP searched and trash my house, vehicles, land and barns for drugs, weapons and to give possession of my land and all my personal possessions to the Bank of Montreal.

    Stolen from my Ranch, all valuable possessions including but not limited to, gold coins $3500.00, pure silver bars and pre 1965 silver coin over $400,000.00, Life Mate’s gold wedding ring, silver jewellery $20,000.00 plus, papers and files, barns full of mechanics tools and shop equipment etc., 60 + years of accumulation, leaving myself and Life mate (husband) with nothing.

    – December 2019, all criminal charges stayed for in 2016, (no evidence as alleged witness RCMP person didn’t show, he has ptsd’s), Life Mate has trial for weapons coming soon.

    – Throughout 2019 (once released from prison) I’m essentially homeless, self representing litigant and fighting a “Writ of Possession” ordered by the Court of Queens Bench Manitoba (AI18-01-13788) on September 7th, 2018.

    – Bank of Montreal’s lawyer’s testimony along with lawyer’s secretary’s affidavit and bank employee’s affidavit only concurring with lawyers secretary’s affidavit, no other evidence provided on record to prove claim of vacant possession and WITHOUT NOTICE TO RESPONDENT.

    – Manitoba Court of Appeal dismisses my appeal, making a precedent setting decision that lawyers can testify without oath, without evidence on record (assuming facts NOT in evidence) from the Bank of Montreal and need only use a lawyer’s secretary third party hearsay affidavit to steal property, contrary to law and moral standards.

    – I’m exhausted and have exhausted the court of appeal and appeal re-hearing process, any ideas on what next ?

    – One concern right now is trying to do proper court procedure, forms, rules etc. on how to go after the RCMP (damages/recourse, torment) for the false arrest and stayed charges in 2016 then again in 2018 flowing from 2016 and finally altogether stayed in December 2019.

    – Then there’s my life mate (husband) who was with me in 2016 but spent the weekend in jail (stayed charges), then arrested with me in 2018 and we both went to jail for 1 1/2 months for me (stayed charges) and 3 1\2 months for my life mate, with charges pending and no disclosure, being requested for over 4 years now.

    – Crown prosecutor refuses to release the full police car video of RCMP assaulting us and our 911 call for help, plus the RCMP wiped out our dash cam recording in 2016, 2018 then happens with RCMP again, arrested without warrants, search & seizure without warrants at our Ranch.

    – Judicial Independence is missing from all court proceedings among other things.
    – There is NO LAW and NO JUSTICE in Manitoba.
    – Any help, guidance or suggestions would be appreciated.

    My story on FB “luanne leclair”

    Thanks in Advance